Afghanistan
Veronica L. Taylor
This chapter addresses international law in Afghanistan. States where the ‘post-conflict’ period is, in fact, a series of continuing sub-national conflicts, are often coded as ‘failed’ or ...
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The Age of Development and Continuity, 12th–15th Centuries CE
Marion Katz
This article examines the historical development and social and intellectual functioning of Islamic law in the twelfth through fifteenth centuries. In particular, it considers the ...
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Appellate Courts
David Robertson
This article discusses academic work in relation to appellate courts. It concentrates on characterizing and explaining judicial decision-making and winning on an appeal. Furthermore, it ...
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Authority of the High Court of Australia
Stephen Donaghue
This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with ...
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Bangladesh
Kamal Hossain and Sharif Bhuiyan
This chapter focuses on international law in Bangladesh. Neither the Constitution of Bangladesh nor any statute contains any specific provision on domestic application of international law ...
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Blackstone
John V. Orth
This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England ...
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‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition
Tahirih V. Lee
This chapter begins with a brief overview of the foundations of the field of Chinese legal history. It then delves into questions of methodology and approach. Three such questions face the ...
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Central Asian States
Marina Girshovich
This chapter describes the experiences of five Central Asian states—Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan—with international law over the past three decades, ...
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Citizenship
Elisa Arcioni
This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no ...
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Common Law
William Gummow
This chapter considers the meaning of the term ‘common law’ and its application in the context of Australian federalism. It discusses some views on common law vis-à-vis the Constitution, as ...
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Comparative Law and African Customary Law
T. W. Bennett
Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for ...
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Comparative Law and its Influence on National Legal Systems
Jan M. Smits
This article assesses the scholarly state of affairs regarding the influence of comparative law in national systems. In so doing, emphasis is put on private law and constitutional law, as ...
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Comparative Law and the Islamic (Middle Eastern) Legal Culture
Chibli Mallatt
This article examines comparative law in Islamic/Middle Eastern legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section ...
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Comparative Law and the Study of Mixed Legal Systems
Jacques Du Plessis
Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a ...
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Comparative Law in Central and Eastern Europe
Zdeněk Kühn
The region of Central and Eastern Europe covers many of the European nations east of Germany. The dominant nation of the region is Russia. Between Russia and Germany there are, first, a ...
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Constitutionalism
Jeffrey Goldsworthy and Lisa Burton Crawford
This chapter explains how constitutionalism developed and how it currently operates in Australia. It first explains the historical developments whereby Australia combined elements of the ...
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The Court of Justice of the European Union
Michal Bobek
The chapter introduces the Court of Justice of the EU by looking at five key elements defining the institution in a diachronic perspective: the structure of the Union courts located in ...
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